Terms of Service

CrmLey is customer relationship management software for licensed insurance professionals and other businesses. Depending on the plan selected, the Service may include lead and contact management, pipelines, calendars and appointment tools, SMS messaging, campaigns and automations, the Smartley AI assistant, calling tools, compliance page tools, and reporting.

The Service is offered for business and commercial use only. It is not offered to consumers for personal, family or household purposes.

CrmLey provides software. CrmLey is not an insurance agency, does not sell insurance, does not provide insurance, legal, tax or compliance advice, and is not a party to any communication or transaction between Customer and Customer's contacts.

Access to the Service may require an access code issued by CrmLey. Customer must be at least 18 years old and able to form a binding contract.

Customer agrees to provide accurate and complete account, business and billing information and to keep it current. CrmLey may request business verification information, including information required by mobile carriers or The Campaign Registry for messaging registration, and may decline or suspend service if it is not provided.

Customer is responsible for safeguarding account credentials and for all activity that occurs under its account, whether or not authorized. Customer must notify CrmLey promptly at the address above of any unauthorized use.

New accounts may be offered a free trial of the stated length. A valid payment method is required to start a trial. Unless the subscription is canceled before the trial ends, it converts automatically to a paid subscription and the payment method on file is charged at the then current rate.

Trials are limited to one per person or business. Usage based charges, such as SMS credits, phone numbers, campaign fees and registration fees, are not covered by a free trial unless CrmLey states otherwise in writing.

Subscription plans, add-ons and their prices are listed on the CrmLey website and in the application at the time of purchase. Subscriptions are billed monthly in advance and renew automatically at the end of each billing period until canceled.

By providing a payment method, Customer authorizes CrmLey and its payment processor to charge all subscription fees, add-on fees, usage charges, applicable taxes and other amounts incurred under the account on a recurring basis.

CrmLey may change its prices. Price changes to an existing subscription take effect at the start of a billing period after at least 30 days' notice by email or within the application. Continued use of the Service after a price change takes effect constitutes acceptance of the new price.

If a payment fails, CrmLey may retry the charge, and may limit, suspend or cancel the account or any feature until all amounts due are paid. Customer remains responsible for all amounts owed.

SMS messaging is paid for with prepaid credits purchased separately from any subscription. Credits are deducted for each message segment Customer sends, including messages sent manually, through campaigns or automations, and by the Smartley AI assistant. Credits are deducted when a message is submitted for sending. CrmLey may, at its discretion, return credits for messages that a carrier rejects, but is not required to return credits for messages that are filtered, blocked or not delivered.

Inbound messages received by the account are also deducted from the credit balance at the rate shown in the application. Opt-out replies are not charged. If the credit balance is insufficient when inbound messages are received, those charges are recorded and deducted automatically when credits are next added.

Phone numbers are billed monthly for each active number, and messaging campaigns are billed monthly for each active campaign, at the rates shown in the application. Funds added to the numbers wallet may be used only for phone numbers. One time setup and registration fees, including fees charged by The Campaign Registry and mobile carriers, are billed as shown at the time of purchase.

Credits and wallet funds have no cash value, cannot be transferred, and are forfeited when the account is closed or terminated.

All fees are non-refundable. This includes subscription and add-on fees, SMS credits, numbers wallet funds, phone number fees, campaign fees, and setup and registration fees. No refunds or credits are provided for partial billing periods, unused time, unused credits, downgrades, or periods in which the account was not used.

Customer may cancel at any time from the billing settings in the application or by contacting support. Cancellation stops future renewals. Access continues until the end of the billing period already paid, after which the subscription ends.

Customer agrees to contact CrmLey support before disputing any charge with its bank or card issuer. CrmLey may suspend an account while a payment dispute is open.

Full details appear in the Refund and Cancellation Policy, which forms part of these Terms.

Phone numbers are provisioned through CrmLey's carrier and messaging partners. CrmLey or its partners remain the account holder of record for all numbers, and Customer receives a limited, non-transferable right to use them with the Service while the account is in good standing. Porting numbers into or out of the Service is not supported unless CrmLey agrees in writing.

Business text messaging in the United States requires brand and campaign registration (10DLC). CrmLey may assist with registration, but approval is decided by The Campaign Registry and the mobile carriers and is not guaranteed. Carriers may change fees, throughput limits and requirements at any time.

Numbers and campaigns may be released or deactivated when the account is canceled, suspended or unpaid, when required by a carrier or regulator, or when a number is unused.

Customer is the sender of every message and call made through its account and is solely responsible for all communications made through the Service, whether sent manually, by campaign or automation, or by the Smartley AI assistant on Customer's behalf, and for compliance with all laws, regulations and carrier rules that apply to them. These include, without limitation, the Telephone Consumer Protection Act, Federal Communications Commission rules, the Telemarketing Sales Rule, the National Do Not Call Registry and state do not call lists, state telemarketing and mini-TCPA laws, call recording and consent laws, and CTIA and carrier messaging guidelines.

Without limiting the above, Customer is responsible for:

• obtaining, documenting and retaining all consent required by law before contacting any person, including prior express written consent where required, and producing those records on request;
• ensuring that every contact list uploaded to the Service was lawfully obtained and that each contact agreed to be contacted by Customer;
• honoring opt-out and stop requests promptly, and including Customer's business name and opt-out instructions where required;
• observing permitted calling and texting hours in the recipient's time zone;
• the accuracy, truthfulness and legality of all message content, templates, quotes, pricing statements and offers;
• all licenses, appointments and approvals required for Customer's insurance or other business, and compliance with all insurance marketing and advertising rules.

Built-in features such as opt-out handling, quiet hours, suppression lists and compliance templates are provided as tools and do not transfer any of these responsibilities to CrmLey.

Calling features connect calls placed by Customer. To detect call status, such as voicemail or a live answer, the Service may process a short audio sample from the start of a call. Customer is responsible for compliance with all calling, recording, notice and consent laws that apply to its calls, including laws that require the consent of all parties.

CrmLey may provide opt-in pages, privacy and terms templates, message templates and starter content to help Customer register and operate its messaging program. Once Customer publishes or uses them, these materials are Customer's own. Customer is responsible for reviewing them, keeping them accurate, and ensuring they meet all legal and carrier requirements for Customer's business.

The Smartley AI assistant generates and sends replies, follow-ups, quotes and appointment bookings on Customer's behalf based on Customer's settings, templates, calendar and instructions. Messages sent by Smartley are sent from Customer's account and are Customer's communications.

AI generated content may be incomplete, inaccurate or unsuitable for a particular situation. Customer is responsible for configuring Smartley, reviewing its activity, the information and pricing it is given to share, and any disclosure obligations that apply to automated or AI assisted communications in Customer's jurisdiction and the recipient's. Customer may turn Smartley off at any time.

CrmLey does not guarantee any number of replies, appointments, show rates, sales or other results.

Customer may not use the Service to:

• send messages or place calls to any person who has not given the consent required by law, or to purchased, rented or scraped lists without such consent;
• contact numbers on the National or a state Do Not Call list without a valid exemption;
• send content that is false, misleading, deceptive, harassing, threatening, defamatory, sexually explicit, or that promotes illegal activity, or content prohibited by carrier policies, including cannabis, firearms, gambling, high risk financial offers and similar categories;
• impersonate any person or business or misrepresent the source of a message;
• interfere with or disrupt the Service, attempt unauthorized access to any account or system, or circumvent rate limits, filters or security measures;
• copy, reverse engineer, resell, sublicense or provide the Service to third parties without CrmLey's written consent.

CrmLey may monitor account activity, including opt-out rates, complaints, carrier feedback and delivery results, to protect the Service, its carrier relationships and other customers.

CrmLey may limit, suspend or terminate an account, a feature, a phone number or a campaign, with or without notice, if CrmLey believes Customer has violated these Terms or any law, if a carrier or regulator requires it, if fees are unpaid, or if the account presents a risk to the Service or to others. Suspension or termination for these reasons does not entitle Customer to a refund.

Customer may stop using the Service and cancel at any time as described above. Amounts owed before termination remain due.

Customer retains ownership of the contacts, messages, notes and other data it uploads to or creates in the Service ("Customer Data"). Customer grants CrmLey a limited license to host, process, transmit and display Customer Data as needed to provide, secure and support the Service.

CrmLey does not sell Customer Data. Phone numbers that have opted out of messaging may be added to a platform wide suppression list used to prevent further messages to those numbers from any account.

Customer is responsible for exporting any Customer Data it wishes to keep before closing its account. After an account is closed, CrmLey may delete Customer Data, subject to legal retention requirements. The Privacy Policy describes how CrmLey handles personal information.

The Service relies on and may connect to third-party services, including mobile carriers and messaging providers, payment processors, artificial intelligence providers, hosting providers, and calendar or email services that Customer chooses to connect. Use of those services may be subject to their own terms. CrmLey is not responsible for third-party services, their availability, or their actions.

CrmLey uses commercially reasonable efforts to keep the Service available but does not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, updates or events outside CrmLey's control.

Message and call delivery depends on carriers, recipients' devices and networks, carrier filtering and other factors outside CrmLey's control. CrmLey does not guarantee delivery, delivery timing or delivery rates.

CrmLey may add, change or remove features at any time.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CRMLEY DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, THAT AI GENERATED CONTENT WILL BE ACCURATE, OR THAT USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT OR SATISFY ANY LEGAL OR REGULATORY REQUIREMENT.

CrmLey is not liable for any claims, damages, losses, fines, penalties, settlements or legal fees arising from Customer's communications, Customer's contact lists or consent records, Customer's use or misuse of the Service, or Customer's failure to comply with these Terms or applicable law.

TO THE FULLEST EXTENT PERMITTED BY LAW, CRMLEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, CRMLEY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT CUSTOMER PAID TO CRMLEY FOR THE SERVICE IN THE ONE (1) MONTH BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations are a fundamental part of the agreement between Customer and CrmLey and are reflected in CrmLey's pricing.

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules.

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Collier County, Florida. Either party may bring an individual claim in small claims court, and CrmLey may seek injunctive relief in any court of competent jurisdiction to protect the Service or its intellectual property.

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

The Service, including its software, design, text, graphics, logos, the CrmLey and Smartley names and characters, and all related intellectual property, is owned by CrmLey or its licensors. These Terms grant Customer a limited, non-exclusive, non-transferable right to use the Service during the subscription and do not transfer any ownership.

Feedback and suggestions provided to CrmLey may be used without obligation to Customer.

CrmLey may update these Terms from time to time. The updated Terms will be posted on this page with a new "Last updated" date. Material changes will be communicated by email or within the application. Continued use of the Service after the updated Terms take effect constitutes acceptance of them.

These Terms, together with the Privacy Policy and the Refund and Cancellation Policy, are the entire agreement between Customer and CrmLey regarding the Service. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure to enforce any provision is not a waiver. Customer may not assign these Terms without CrmLey's written consent. CrmLey may assign these Terms in connection with a merger, acquisition or sale of assets. CrmLey is not liable for delays or failures caused by events beyond its reasonable control, including carrier outages, internet failures, natural disasters and government action. Provisions that by their nature should survive termination will survive, including those on fees, Customer responsibility, intellectual property, disclaimers, limitation of liability and dispute resolution.

CrmLey, operated by zoemain1804 LLC, Naples, Florida. Email: support@crmley.space.